North America

Sale Made at Your Own Risk: Is It Really Without Legal Guarantee?

The Honourable Steve J. Reimnitz of the Superior Court recently revisited the rules regarding fraud and the warranty for latent defects in the case of St-Pierre c. Benoit, 2021 QCCS 5491.

The Facts

In 2015, the plaintiffs purchased a property from the defendant built by the latter in 1993–1994. This contract was concluded following the plaintiffs’ visit and that of a pre-purchase inspector, at the end of which no anomalies were noted. The seller’s declaration also did not mention any particular problem with the building. The parties therefore agreed to the sale of the building by including a clause excluding the legal warranty: the sale was therefore at the buyers’ risk.

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NYC Mayor Signs Off: Amended NYC Pay Range Disclosure Law Will Take Effect November 1, 2022

On Thursday, May 12, 2022, New York City Mayor Adams signed the bill (previously described here) amending New York City’s new law that requires employers to list wage or salary ranges on job advertisements. Most significantly, among other changes, the amendment pushes the effective date of the law from May 15, 2022, to November 1, 2022.

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New York’s Anti-Discrimination Laws Do Not Protect Out-of-State Remote Workers

Where is the impact of alleged employment discrimination? That is the question when evaluating whether a remote worker can assert claims under the New York State Human Rights Law (“NYSHRL”) and New York City Human Rights Law (“NYCHRL”), according to a recent decision by U.S. District Judge Edgardo Ramos. Relying on state law, Judge Ramos concluded that the basis for subject matter jurisdiction has not changed during the COVID-19 pandemic and remains grounded in New York’s “Impact Test,” meaning courts will look to where the impact of alleged discriminatory conduct was felt. Thus, regardless of whether an employer is located in New York, the anti-discrimination laws are intended to protect employees who live or work in New York.

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Connecticut Becomes Fifth State To Pass Comprehensive State Privacy Law

The seemingly relentless passage of state privacy legislation continues as Connecticut enacts its own comprehensive consumer privacy regulation. On May 10, 2022, Governor Ned Lamont signed into law An Act Concerning Personal Data Privacy and Online Monitoring (CTDPA). The new law will go into effect on July 1, 2023, the same date as the effective date of the new Colorado privacy law. Read more…

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Video: Flexible Work Arrangement Policies, State-Level Privacy Laws Increasing, AI and Disability Bias – Employment Law This Week

As featured in #WorkforceWednesdayThis week, we examine best practices for crafting flexible work arrangement policies. Requests to continue working remotely or with flexibility remain high as we emerge from the COVID-19 pandemic.

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Superior Court of California Attorneys’ Fees Award Punishes Plaintiff’s Bad-Faith Litigation for Alleged Misappropriation of Trade Secrets

A California Superior Court Judge in Orange County granted an attorneys’ fees award in the amount of $5.8 million to defendant Landmark Event Staffing Services, Inc. (“Landmark”) in Contemporary Services Corporation v. Landmark Event Staffing Services, Inc., Case No. 30-2009-00123939. This ruling reinforces the importance of carefully calibrating litigation strategy in trade secrets misappropriation cases to focus on vindicating legally protectable interests. Trade secrets litigation should not be used merely as an aggressive tactic to stifle a competitor.

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Massachusetts Appeals Court Rejects Whistleblower’s Constructive Discharge Claim

Employees who resign from work, sue their employer, and assert “constructive discharge” shoulder a heavy burden to demonstrate that they had no choice but to resign. A recent decision of the Massachusetts Appeals Court, Armato v. Town of Stoneham, shows just how heavy that burden is.

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Trade Alert: Commerce Expands Export Controls on Shipments of EAR99 Items to or within Russia

On May 9, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) announced a new final rule, to be published on May 11, 2022, expanding export controls against Russia under the Export Administration Regulations (“EAR”). The final rule imposes a license requirement under 15 C.F.R § 746.5(a)(1)(ii) for exports, reexports, or transfers (in-country) to or within Russia for additional items subject to the EAR identified under specific Harmonized Tariff Schedule (“HTS”) descriptions. The final rule adds 205 HTS codes at the 6-digit level (and descriptions) and 478 corresponding 10-digit Schedule B numbers (and descriptions) to the chart in Supplement No. 4 to Part 746.

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William Dion-Bernard To Speak on Wills Drafting

Nowadays, blended families and common-law unions are no longer exceptional.  Estate planning strategies that were designed for traditional families are no longer adapted.

On May 12, during the forum on estate planning and settlement held by the Association de planification fiscale et financière, William Dion-Bernard will make a presentation on “Rédaction de testaments sur mesure” (Drafting tailored wills), offering solutions suited to contemporary realities.

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Trade Alert: Treasury Specifies “Services” Prohibited for Export to Russia under Executive Order 14071

On May 8, 2022, the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued a determination pursuant to Executive Order (“EO”) 14071. The determination specifies that the provision of the following activities to any person in Russia are prohibited: accounting services, trust and corporate formation services, and management consulting services. The prohibition takes effect on June 7, 2022 and does not apply to services provided to entities located in Russia owned or controlled by U.S. persons, or any services in connection with the wind down or divestiture of any entity in Russia not owned or controlled by a Russian person. The determination expands EO 14024 to prohibit such services. Read more…

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